Common use of Certain Conditions to Termination Clause in Contracts

Certain Conditions to Termination. Anything to the contrary in this Section 14 notwithstanding, the Facility Lessee and the Owner Lessor agree for the benefit of the Lease Indenture Trustee (without relieving the Owner Lessor of any liability hereunder) that, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, no termination pursuant to this Section 14 shall be effective and the Facility Lessee's rights and obligations under this Facility Lease immediately prior to the election to terminate this Facility Lease pursuant to this Section 14 shall remain in full force and effect in all respects (regardless of whether the Owner Lessor shall elect to retain or sell such Undivided Interest or the Facilities, as applicable, in connection with such proposed termination) unless and until the Owner Lessor shall have paid all outstanding principal and accrued interest on the Lessor Notes with respect to such Undivided Interest or the Facility and all other amounts due under the Lease Indenture as of such proposed date of termination.

Appears in 4 contracts

Samples: Facility Lease Agreement (Eme Homer City Generation Lp), Facility Lease Agreement (Eme Homer City Generation Lp), Facility Lease Agreement (Eme Homer City Generation Lp)

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Certain Conditions to Termination. Anything to the contrary in this Section 14 13 notwithstanding, the Facility Lessee and the Owner Lessor agree for the benefit of the Lease Indenture Trustee (without relieving the Owner Lessor of any liability hereunder) that, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, no termination pursuant to this Section 14 13 shall be effective and the Facility Lessee's rights and obligations under this Facility Lease immediately prior to the election to terminate this Facility Lease pursuant to this Section 14 13 shall remain in full force and effect in all respects (regardless of whether the Owner Lessor shall elect to retain or sell such Undivided Interest or the Facilities, as applicable, in connection with such proposed termination) unless and until the Facility Lessee shall have assumed the Lessor Notes pursuant to Section 13.4 or the Owner Lessor shall have paid all outstanding principal and accrued interest on the Lessor Notes with respect to such Undivided Interest or the Facility Facility, as the case may be, and all other amounts due under the Lease Indenture as of such proposed date of termination.. SECTION 14 TERMINATION FOR OBSOLESCENCE; PARTIAL RELEASE OF INTEREST

Appears in 3 contracts

Samples: Facility Lease Agreement (Eme Homer City Generation Lp), Facility Lease Agreement (Eme Homer City Generation Lp), Facility Lease Agreement (Eme Homer City Generation Lp)

Certain Conditions to Termination. Anything to the contrary in this Section 14 notwithstanding, the Facility Lessee and the Owner Lessor agree for the benefit of the Lease Indenture Trustee (without relieving the Owner Lessor of any liability hereunder) that, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, no termination pursuant to this Section 14 shall be effective and the Facility Lessee's rights and obligations under this Facility Lease immediately prior with respect to the election Unit referred to terminate this Facility Lease in the applicable notice of termination pursuant to this Section 14 14.1 shall remain in full force and effect in all respects (regardless of whether the Owner Lessor shall elect to retain or sell such Undivided the Owner Lessor's Interest or the Facilities, as applicable, in connection with such proposed termination) unless and until the Owner Lessor shall have paid all the portion of the outstanding principal and accrued interest on the Lessor Notes with respect to such Undivided Interest or the Facility or such Unit, as the case may be, payable pursuant to Section 2.10 of the Lease Indenture and the Facility Lessee shall have paid any Make-Whole Premium arising from a termination pursuant to clause (a)(ii) or (b) of Section 14.1 and all other amounts due under the Lease Indenture as of such proposed date of terminationwith respect thereto shall have been paid.

Appears in 2 contracts

Samples: Participation Agreement (Dynegy Danskammer LLC), Facility Lease Agreement (Dynegy Danskammer LLC)

Certain Conditions to Termination. Anything to the contrary in this Section 14 10 notwithstanding, the Facility Lessee and the Owner Lessor agree for the benefit of the Lease Indenture Trustee (without relieving the Owner Lessor of any liability hereunder) that, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, no termination pursuant to this Section 14 10 shall be effective and the Facility Lessee's rights and obligations under this Facility Lease immediately prior to the election to terminate this Facility Lease pursuant to this Section 14 10 shall remain in full force and effect in all respects (regardless of whether the Owner Lessor shall elect to retain or sell such Undivided Interest Unit or the FacilitiesFacility, as applicable, in connection with such proposed termination) unless and until the Facility Lessee shall have assumed the Lessor Notes pursuant to Section 10.2(c) or the Owner Lessor shall have paid all outstanding principal and accrued interest on the Lessor Notes with respect to such Undivided Interest Unit or the Facility Facility, as the case may be, and all other amounts due under the Lease Indenture as of such proposed date of termination.

Appears in 2 contracts

Samples: Facility Lease Agreement (Dynegy Danskammer LLC), Participation Agreement (Dynegy Danskammer LLC)

Certain Conditions to Termination. Anything to the contrary in this Section 14 13 notwithstanding, the Facility Lessee and the Owner Lessor agree for the benefit of the Lease Indenture Trustee (without relieving the Owner Lessor of any liability hereunder) that, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, no termination of this Facility Lease pursuant to this Section 14 13 shall be effective and the Facility Lessee's rights and obligations under this Facility Lease immediately prior to the election electing to terminate this Facility Lease pursuant to this Section 14 13.1 shall remain in full force and effect in all respects (regardless of whether the Owner Lessor shall elect to retain or sell such Undivided Interest or the Facilities, as applicable, Facility in connection with such proposed termination) unless and until the Facility Lessee shall have assumed the Lessor Notes pursuant to Section 13.4 or the Owner Lessor shall have paid all outstanding principal and accrued interest on the Lessor Notes with respect pursuant to such Undivided Interest or the Facility Section 13.3 and all other amounts due under the Lease Indenture as of on such proposed date of termination.

Appears in 2 contracts

Samples: Facility Lease Agreement (Dynegy Danskammer LLC), Participation Agreement (Dynegy Danskammer LLC)

Certain Conditions to Termination. Anything to the contrary in this Section 14 notwithstanding, the Facility Lessee and the Owner Lessor agree for the benefit of the Lease Indenture Trustee (without relieving the Owner Lessor of any liability hereunder) that, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, no termination pursuant to this Section 14 shall be effective and the Facility Lessee's rights and obligations under this Facility Lease immediately prior to the election to terminate this Facility Lease pursuant to this Section 14 shall remain in full force and effect in all respects (regardless of whether the Owner Lessor shall elect to retain or sell such Undivided the Owner Lessor's Interest or the Facilities, as applicable, in connection with such proposed termination) unless and until the Owner Lessor shall have paid all the outstanding principal and accrued interest on the Lessor Notes with respect payable pursuant to such Undivided Interest Section 2.10(a) or (c) of the Facility Indenture and the Lessee shall have paid any Make Whole Premium due on the Notes arising from a termination pursuant to Section 14.1 not due to a Regulatory Obsolescence Event, and all other amounts due under the Lease Indenture as of such proposed date of terminationwith respect thereto shall have been paid.

Appears in 1 contract

Samples: Facility Lease Agreement (Keyspan Corp)

Certain Conditions to Termination. Anything to the contrary in this Section 14 13 notwithstanding, the Facility Lessee and the Owner Lessor agree for the benefit of the Lease Indenture Trustee (without relieving the Owner Lessor of any liability hereunder) that, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, no termination of this Facility Lease pursuant to this Section 14 13 shall be effective and the Facility Lessee's rights and obligations under this Facility Lease immediately prior to the election electing to terminate this Facility Lease pursuant to this Section 14 13.1 shall remain in full force and effect in all respects (regardless of whether the Owner Lessor shall elect to retain or sell such the Undivided Interest or the Facilities, as applicable, in connection with such proposed termination) unless and until the Facility Lessee shall have assumed the Lessor Note pursuant to Section 13.4 or the Owner Lessor shall have paid all outstanding principal and accrued interest on the Lessor Notes with respect Note pursuant to such Undivided Interest or the Facility Section 13.3 and all other amounts due under the Lease Indenture as of on such proposed date of termination.

Appears in 1 contract

Samples: Facility Lease Agreement (PPL Montana LLC)

Certain Conditions to Termination. Anything to the contrary in this Section 14 13 notwithstanding, the Facility Lessee and the Owner Lessor agree for the benefit of the Lease Indenture Trustee (without relieving the Owner Lessor of any liability hereunder) that, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, no termination pursuant to this Section 14 13 shall be effective and the Facility Lessee's rights and obligations under this Facility Lease immediately prior to the election to terminate this Facility Lease pursuant to this Section 14 13 shall remain in full force and effect in all respects (regardless of whether the Owner Lessor shall elect to retain or sell such Undivided Interest or the Facilities, as applicable, in connection with such proposed termination) unless and until the Facility Lessee shall have assumed the Lessor Notes pursuant to Section 13.4 or the Owner Lessor shall have paid all outstanding principal and accrued interest on the Lessor Notes with respect to such Undivided Interest or the Facility Facility, as the case may be, and all other amounts due under the Lease Indenture as of such proposed date of termination.

Appears in 1 contract

Samples: Facility Lease Agreement (Eme Homer City Generation Lp)

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Certain Conditions to Termination. Anything to the contrary in this Section 14 10 notwithstanding, the Facility Lessee and the Owner Lessor agree for the benefit of the Lease Indenture Trustee (without relieving the Owner Lessor of any liability hereunder) that, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, no termination pursuant to this Section 14 10 shall be effective and the Facility Lessee's rights and obligations under this Facility Lease immediately prior to the election to terminate this Facility Lease pursuant to this Section 14 10 shall remain in full force and effect in all respects (regardless of whether the Owner Lessor shall elect to retain or sell such Undivided the Owner Lessor's Interest or the Facilities, as applicable, in connection with such proposed termination) unless and until the Lessee shall have assumed the Notes pursuant to Section 10.1(c) or the Owner Lessor shall have paid all outstanding principal and accrued interest on the Lessor Notes with respect pursuant to such Undivided Interest or Section 2.10(a) of the Facility Indenture and all other amounts due under the Lease Indenture as of such proposed date of termination.

Appears in 1 contract

Samples: Facility Lease Agreement (Keyspan Corp)

Certain Conditions to Termination. Anything to the contrary in this Section 14 notwithstanding, the Facility Lessee and the Owner Lessor agree for the benefit of the Lease Indenture Trustee (without relieving the Owner Lessor of any liability hereunder) that, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, no termination pursuant to this Section 14 shall be effective and the Facility Lessee's rights and obligations under this Facility Lease immediately prior with respect to the election Unit Interest referred to terminate this Facility Lease in the applicable notice of termination pursuant to this Section 14 14.1 shall remain in full force and effect in all respects (regardless of whether the Owner Lessor shall elect to retain or sell such Undivided the Owner Lessor's Interest or the Facilities, as applicable, in connection with such proposed termination) unless and until the Owner Lessor shall have paid all the portion of the outstanding principal and accrued interest on the Lessor Notes Note with respect to such Undivided Unit Interest or and the Owner Lessor and/or the Facility Lessee shall have paid any Make-Whole Premium arising from a termination pursuant to clause (b) of Section 14.1 to the extent provided in Section 14.3 and 14.4, as applicable) and all other amounts due under the Lease Indenture as of such proposed date of terminationwith respect thereto shall have been paid.

Appears in 1 contract

Samples: Facility Lease Agreement (PPL Montana LLC)

Certain Conditions to Termination. Anything to the contrary in this Section 14 13 notwithstanding, the Facility Lessee and the Owner Lessor agree for the benefit of the Lease Indenture Trustee (without relieving the Owner Lessor of any liability hereunder) that, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, no termination of this Facility Lease pursuant to this Section 14 13 shall be effective and the Facility Lessee's rights and obligations under this Facility Lease immediately prior to the election electing to terminate this Facility Lease pursuant to this Section 14 13.1 shall remain in full force and effect in all respects (regardless of whether the Owner Lessor shall elect to retain or sell such Undivided the Owner Lessor's Interest or the Facilities, as applicable, in connection with such proposed termination) unless and until the Lessee shall have assumed the Notes pursuant to Section 13.4 or the Owner Lessor shall have paid all outstanding principal and accrued interest on the Lessor Notes with respect pursuant to such Undivided Interest or the Facility Section 13.3 and all other amounts due under the Lease Indenture as of on such proposed date of termination.

Appears in 1 contract

Samples: Facility Lease Agreement (Keyspan Corp)

Certain Conditions to Termination. Anything to the contrary in this Section 14 notwithstanding, the Facility Lessee and the Owner Lessor agree for the benefit of the Lease Indenture Trustee (without relieving the Owner Lessor of any liability hereunder) that, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, no termination pursuant to this Section 14 shall be effective and the Facility Lessee's rights and obligations under this Facility Lease immediately prior to the election to terminate this Facility Lease pursuant to this Section 14 shall remain in full force and effect in all respects (regardless of whether the Owner Lessor shall elect to retain or sell such Undivided the Owner Lessor's Interest or the Facilities, as applicable, Conemaugh Facility Lease 37 42 in connection with such proposed termination) unless and until the Owner Lessor shall have paid all outstanding principal and accrued interest on the Lessor Notes with respect to such Undivided Interest or the Facility and all other amounts due under the Lease Indenture as of such proposed date of termination, excluding any Make Whole Premium.

Appears in 1 contract

Samples: Facility Lease Agreement (Reliant Energy Mid Atlantic Power Services Inc)

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